The Occupational and Personal Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 2014

PART 5 Information that applies to the scheme

17.  The names of the persons who are trustees of the scheme, and in the case of a scheme none of the trustees of which is an individual, the names of the directors of any company that is a trustee, during the scheme year to which the information relates (referred to in this Part as “the year”).

18.  The provisions of the scheme in relation to the appointment of trustees and their removal from office and, in the case of a scheme none of the trustees of which is an individual, the provisions in the articles of association of each trustee that relate to the appointment and removal from office of any directors.

19.  The names of the professional advisers and of such banks, custodians and other persons and organisations who have acted for or who have been retained by the trustees during the year, with an indication (except in a case where regulation 12 is complied with by the trustees of a scheme for the first time) of any changes since the previous year.

20.  The postal address and electronic address to which enquiries about the scheme generally or about an individual’s entitlement to benefit should be sent.

21.  The number of beneficiaries and active, deferred and pensioner members as at any one date during the year.

22.  Except in the case of a money purchase scheme, the percentage increases made (otherwise than in accordance with a legislative requirement) during the year (or, if there have been different increases for different individuals or groups of individuals, the maximum, minimum and average percentage increases) to—

(a) pensions that were payable, and

(b) deferred pensions,

with a statement whether the increases were to any extent discretionary.

23.  Except in the case of a money purchase scheme that is a wholly insured scheme, the following information—

(a) where any cash equivalents or guaranteed cash equivalents (within the meaning of Chapter 4 of Part 4, or Chapter 2 of Part 4A, of the 1993 Act) paid during the year were not calculated and verified in the manner prescribed by regulations made under section 93(1) or 97I of the 1993 Act (calculation of cash equivalents), as the case may be, a statement explaining why;

(b) where any of the cash equivalents or guaranteed cash equivalents paid during the year were less than the amount for which section 90(1)(2) of the 1993 Act (right to cash equivalent) provides, a statement to that effect together with information as to why they were less;

(c) a statement of when full values became, or are likely to become, available, and

(d) a statement whether discretionary benefits are included in the calculation of the transfer values and, if so, the method by which the value of discretionary benefits is assessed.

24.  A statement as to whether the accounts have been prepared and audited in accordance with regulations made under Article 41(1) and (6) of the 1995 Order (unless the scheme is exempt from such requirements by virtue of those regulations).

25.  If the auditor’s statement made in accordance with regulations made under Article 41(1)(a) and (2)(b) of the 1995 Order is negative or qualified, an account of the reasons why and a statement as to how the situation has been or is likely to be resolved.

26.  If such situation as is mentioned in paragraph 25 in respect of a previous scheme year was not resolved in a previous year, a statement as to how it has been or is likely to be resolved.

27.  Who has managed the investments of the scheme during the year and the extent of any delegation of this function by the trustees.

28.  Whether the trustees have produced a statement of the principles governing decisions about investments for the purposes of the scheme in accordance with Article 35(3) of the 1995 Order (unless the scheme is exempt from such requirement by virtue of regulations made under that Article) and, where the trustees have produced such a statement, a statement that a copy is available on request.

29.  Except in relation to a wholly insured scheme, a statement as to the trustees’ policy on the custody of the scheme assets.

30.  Where the scheme is one to which Article 35 of the 1995 Order applies, an investment report containing—

(a) a statement by the trustees or the fund manager providing details of any investments made for the scheme during the year that were not made in accordance with the statement of investment principles governing decisions about investments required under Article 35 of the 1995 Order;

(b) where investments for the scheme have been made in the year that do not accord with the statement of investment principles governing decisions about investments required under Article 35 of the 1995 Order (or were made in a previous year and continued to be held at the end of the year), a statement by the trustees or the fund manager giving the reasons why and explaining what action, if any, it is proposed to take or has already been taken to remedy the position;

(c) a review of the investment performance of the scheme’s fund—

(i) during the year, and

(ii) except where the scheme has existed for less than 3 scheme years, during a period of not less than 3 and not more than 5 scheme years ending with the year,

including an assessment of the nature, disposition, marketability, security and valuation of the scheme’s assets;

(d) the trustees’ policy (if any) in relation to the rights (including voting rights) attaching to investments, and

(e) the extent (if at all) to which social, environmental or ethical considerations are taken into account in the selection, retention and realisation of investments.

31.  A copy of any statement made on the resignation or removal of the auditor or actuary and made in accordance with regulations made under Article 47(6) of the 1995 Order (professional advisors).

32.  Except where the scheme is a trust scheme that applies to earners in employments under different employers, where the scheme has employer-related investments (within the meaning of Article 40(2)(4) of the 1995 Order), a statement—

(a) as to the percentage of the scheme’s resources invested in such investments at the end of the year;

(b) if that percentage exceeds 5 per cent. as to the percentage of the scheme’s resources that are investments to which regulation 13 of the Occupational Pension Schemes (Investment) Regulations (Northern Ireland) 2005(5) (investments to which restrictions do not apply) applies, and

(c) if any resources of the scheme are invested in contravention of paragraph (1) of Article 40 of the 1995 Order—

(i) as to the steps the trustees or managers of the scheme have taken or propose to take to secure that the scheme complies with that Article, and

(ii) as to the time when any proposed steps will be taken.

33.—(1) Where the scheme is a trust scheme that applies to earners in employments under different employers, a statement in accordance with paragraph 32 or a statement—

(a) listing the 100 largest investments by value held by the scheme as at the end of the year and stating what percentage of the resources of the scheme each such investment represents;

(b) identifying which of the investments referred to in head (a) are employer-related investments, and

(c) if, as at the end of the year, more than 5 per cent. of the resources of the scheme are invested in employer-related investments in contravention of Article 40(1) of the 1995 Order in relation to a particular employer—

(i) listing the employer-related investments and the name of the employer concerned;

(ii) as to the steps the scheme has taken or proposes to take to ensure that the percentage is reduced to 5 per cent. or less, and

(iii) as to the time when any proposed steps will be taken.

(2) In sub-paragraph (1) “employer-related investments” has the same meaning as in the definition in Article 40(2) of the 1995 Order but as if the following words in that definition were omitted—

(a) in paragraph (a) “or by any person who is connected with, or an associate of, the employer”, and

(b) “or any such person” in each place where they occur.

(1)

Section 93 was amended by paragraph 6 of Schedule 4 to the Pensions (Northern Ireland) Order 1995 and paragraph 5(1) of Schedule 5 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000. Section 97I was inserted by Article 34 of the Welfare Reform and Pensions (Northern Ireland) Order 1999

(2)

Section 90 was amended by Article 150 of the Pensions (Northern Ireland) Order 1995, paragraph 24 of Schedule 9 to the Welfare Reform and Pensions (Northern Ireland) Order 1999 and paragraph 9 of Schedule 10 to the Pensions (Northern Ireland) Order 2005

(3)

Article 35 was substituted Article 221 of the Pensions (Northern Ireland) Order 2005

(4)

Article 40 was amended by paragraph 45 of Schedule 10 to the Pensions (Northern Ireland) Order 2005, Article 152(2) of S.I. 2001/3649 and Article 26 of S.I. 2004/355

(5)

S.R. 2005 No. 569; regulation 13 was amended by regulation 7 of S.R. 2006 No. 141